Terms of Business – Qualified Drivers
These terms form a contract between us, so it is important that you have read and understood all the terms before starting any session with me. Please note that, throughout these terms, “I” or “me” refers to Martin Ferlinc, Driving & Vehicle Standards Agency (DVSA) Approved Driving Instructor (ADI). My DVSA reference is 460309. The word “you” or “your” refers to the person receiving post test lessons (sessions).
I will ask for written confirmation (by email) that the terms have been read and accepted before you start your sessions (please see Section 1 for a note regarding drivers under the age of 18) and that you accept the risks involved in taking driving sessions. If there is anything you do not understand, please ask me before you accept these terms.
1. Contract – The contract commences from the start of the first driving session until your sessions have permanently stopped. However, either of us may cancel this contract at any time for any reason (providing at least 48 hours notice is given before any scheduled session).
If I change my terms, while you are still taking sessions with me, I will provide you with an updated copy (and a summary of any changes) at least 28 days before they come into effect (and ask you to reconfirm your acceptance). However, please note that, due to the nature of working at the time of a pandemic, mitigating actions (in Section 4) may be changed or added at short notice (so 28 days notice of future changes may not always be possible).
If you are under 18 (legally a minor), a parent/legal guardian will need to formally accept these terms. In addition, if a third party (e.g. parent, legal guardian, relative, friend) is paying me directly for your sessions, they will also be made aware of these terms (particularly in respect of cancellation charges).
2. My Business Details – I am a self employed, independent driving instructor, operating under a franchise agreement with AA Driving School (AADS). I am registered as a sole trader under the name “Driving Lessons with Martin (Nottingham)” and can be contacted by phone (07980111234) or by email (email@example.com). Although I am contracted with AADS, this is purely for the arrangement of a fully maintained and serviced driving school car. Your contract is solely with me (for the duration of your sessions with me) and not with AADS.
3. Driving Licence – You must have a valid driving licence and produce the photocard version on or before your first session. Information about your entitlements to drive and any endorsements are not recorded on your photocard licence but this information is stored and available online via DVLA’s “View My Licence” service. I will require you to access this service and provide me with a computer generated code (so that I can also view your entitlement to drive prior to your first session, using DVLA’s “Check Someone’s Licence” service). You must tell me of any changes (to entitlements or endorsements) during the course of your sessions with me.
4. Health & Medical Fitness to Drive – Prior to registering for any driving sessions, I will carry out a health risk assessment, based upon details you provide regarding notifiable medical conditions, medication currently used or any condition that may affect the way you learn (e.g. ADHD, Dyslexia, Dyspraxia, anxiety issues etc). As a result of the coronavirus (Covid-19) pandemic, this health assessment has been extended to include Covid-19 associated risks as well. You must tell me if your medical situation changes at any point, while you are taking sessions with me. It is your legal responsibility to report any notifiable medical conditions to DVLA but I may seek assurances from you that suitable action has been taken (e.g. that you have discussed the impact of a medical condition on driving with your GP and/or reported this to DVLA). Any medical information you provide to me is treated confidentially, will not be shared and any email containing this information will be deleted after 28 days. While it remains your legal responsibility to be fit to drive at the time of any session (which includes checking that any medication you may be taking will not affect your ability to drive), I may cancel or curtail any session where I believe that you are not fit to drive (and especially if suspected to be under the influence of alcohol or drugs). I will also check that your eyesight meets the minimum requirements (being able to read a car registration plate from 20 metres) on or before your first session but may also periodically check this during any future sessions.
As a result of the coronavirus (Covid-19) pandemic, and in order to comply with UK Government Guidelines on providing safe working environments, a risk assessment has been carried out and the following sections (4a and 4b) outline mitigating actions to help reduce the risk of spreading/catching the virus.
4a -Working Safely During Coronavirus (Covid-19) – My Responsibilities
To protect your health, I am fully (Covid) vaccinated and committed to:-
(i) Cancelling driving sessions if I am showing any symptoms of a virus that is consistent with those of coronavirus (Covid-19) and staying at home for a minimum period of 10 days from the onset of symptoms (or from the date of testing positive)
(ii) Cancelling driving sessions if I have knowingly been in contact with someone suffering from coronavirus (Covid-19), including if I have been notified by an NHS Contact Tracing App or the NHS Test & Trace system and asked to self isolate, or if a member of my household is showing any symptoms of a virus that is consistent with those of Covid-19 (and will stay at home for a minimum period of 14 days after they started showing symptoms)
(iii) Cancelling a scheduled driving session if I am awaiting the result of a Covid test or if I am expecting to take a asymptomatic Covid test less than 48 hours after the session
(iv) Messaging you prior to your session (usually 5-15 minutes) to advise you that I have arrived or on my way (to give you time to put your phone away and wash your hands)
(v) Cleaning controls within the car that you will come into contact with during your session, and the exterior door handles, before you come to the car for your session (using anti-bacterial/disinfectant wipes or spray)
(vi) Opening all windows fully between lessons (to freshen the air within the car) and keeping the car ventilated during lessons (by keeping at least two windows partially open during the session), with the exception that on hot days, the windows will be kept closed while the engine is on (to maximise the effectiveness of the air-con) but avoiding use of the recycled air option.
(vii) Washing my hands before your session (or using hand sanitiser)
(viii) Wearing clean clothes on the day of the session (changing my top at least once during the day)
(ix) Wearing a clean face mask during your session
(x) Chatting to you at the beginning and end of the session outside the car (2 metres apart), weather permitting
(xi) Facing the windscreen when talking to you when in the car. If a long conversation is required or considered beneficial, it may be useful to park up in an appropriate place and hold the conversation outside the car (where social distancing can take place)
(xii) Downloading and actively using the NHS Contact Tracing App that notifies the phone user if they have been in close contact with someone suffering from the symptoms of coronavirus (Covid-19). Downloading the App is considered advisory but voluntary.
4b – Working Safely During Coronavirus (Covid-19) – Your Responsibilities
To protect my health (and my other pupils), you are committed to:-
(i) Cancelling any driving session if you are currently displaying the symptoms of any virus that may be considered to be coronavirus (COVID-19) or if you have been displaying those symptoms (or tested positive) in the previous 10 days
(ii) Cancelling any driving session if you have been in contact with anyone (especially in your household) who has been suffering from the symptoms of coronavirus (COVID-19) during the previous 14 days (including if you have been notified by an NHS Contact Tracing App or the NHS Test & Trace system and asked to self isolate)
(iii) Cancelling a scheduled driving session if you are awaiting the result of a Covid test or if you are expecting to take an asymptomatic Covid test less than 48 hours after the session
(iv) Only bringing essential items into the car (such as house keys). Mobile phones may be brought into the car but, as they are not needed for the purpose of the session and can harbour harmful bacteria (and, potentially, viruses), they should not be used during the session except in an emergency. Any items you bring to the car should be kept in your pocket or in a separate bag (placed in an area of the car directed by me on the day). Larger items (such as handbags) and coats should be placed on the rear floor, behind the driver’s seat.
(v) Washing your hands thoroughly (for at least 20 seconds, using soap and water) before coming to the car (to note: it is important that your hands are washed AFTER you last touched your phone and that you don’t touch your phone again until AFTER your session has finished)
(vi) Wearing appropriate, clean clothes to your session
(vii) Wearing a clean face mask during your session (and, if it is washable, cleaning it before and after use)
(viii) Only touching controls/items within the car that you are required to touch, to drive the car
(ix) Facing the windscreen when talking to me (and being prepared to hold longer conversations outside the car, where social distancing can take place)
(x) Performing a lateral flow test prior to any driving session (either in the evening before or on the day of the session)
(x1) Downloading and actively using the NHS Contact Tracing App that notifies the phone user if they have been in close contact with someone suffering from the symptoms of coronavirus (Covid-19). While you MUST act upon requests to self isolate by the NHS Test & Trace system, downloading the App is considered advisory but voluntary. If you wish to opt out of downloading and using any NHS Contact Tracing App, you may do so providing you tell me (so that I can reassess the risks of providing sessions to you).
5. Insurance & Liability – Providing you have a valid driving licence and are medically fit to drive, you are covered by comprehensive motor insurance should you be involved in a collision whilst driving the tuition car. In addition to the car being insured, I have public liability insurance and professional indemnity insurance (provided through my membership of Driving Instructors Association) but I am not liable for any losses that you may incur through circumstances outside of my reasonable control or outside of my legal duty (including, but not limited to, any business interest you have). While I will do my utmost to ensure that your driving is always within the law, as you are a qualified driver, you are responsible for any breaches of the Highway Code and any resultant penalty points/fines. It is also my legal duty to report the name of the driver in the event of any incident.
As social distancing is not possible inside a car, we both accept that the risks of spreading/catching the coronavirus are higher inside a car. However, we are both committed to mitigating the risk of catching coronavirus (Covid-19) during a driving session (through the actions set out in Section 4), accept that the risk can be reduced but not eliminated and relieve each other of any further responsibility/liability.
6. Payments/Booking – Prices will be agreed with you prior to taking any sessions and a date/time of session(s) will be agreed, subject to our mutual availability. A booking is confirmed once payment has been received and, unless agreed otherwise, payment must be made (by bank transfer) prior to the first session.
7. Cancelled Sessions – You MUST cancel any session if you have been suffering from any symptoms that are consistent with those of coronavirus (Covid-19) in the last 7 days, have knowingly come into contact with someone who has coronavirus (Covid-19) within the previous 14 days or if a member of your household has the symptoms (or had them within the last 14 days) or asked to self isolate (e.g. by the NHS Test & Trace system or the NHS Contact Tracing App). In these circumstances, you will NOT be charged for cancelling the session but should give me as much notice as possible. Please note that I may also have to cancel a session for Covid-19 related symptoms or if I am asked to self isolate and will also let you know as soon as possible.
My approach to cancellation charges is that any session cancelled by you, due to non Covid-19 related illnesses, will NOT be subject to any charge providing that you let me know (by text message or phone call) at least 1 hour before the scheduled start time. If you cancel a session due to illness, any other sessions already booked will also be cancelled and no further sessions will be booked until you confirm that you are fit enough to resume sessions. Similarly, if I am unwell and not fit enough to provide a session, I will give you at least 1 hour’s notice (or, if my car develops a fault, I will advise you as soon as I can) and rearrange the session as soon as I am able to resume work.
If either of us need to cancel a session for any other reason (e.g. due to a change of work, school, college or university schedule), at least 48 hours notice must be given. If you fail to provide the minimum notice (1 hour for illness or 48 hours for any other reason) a cancellation charge of the full cost of the session will apply.
8. Conduct in the Car – I aim to create a safe and friendly environment in the car, in which learning can take place, and have agreed to abide by the DVSA’s voluntary Code of Practice and the Driving Instructor’s Association’s (DIA) Code of Conduct (both available on request).
If a mobile phone is brought to the car, it must be switched off or on silent mode during the sessions. Please note that, legally, hand held phones can only be used when the car is parked and the engine is switched off. If an emergency requires a phone call to be made, this will need to be done outside the car and hands sanitised before returning.
My car is equipped with dual controls, which I will operate where verbal instruction is neither a timely nor an appropriate option, to help you avoid breaking a law (e.g. speeding or not stopping at a red traffic light or pedestrian crossing) or where actions would create a serious safety issue for either ourselves or others (e.g. emerging unsafely into a road or getting too close to parked cars). However, displaying a disregard for road safety (e.g. a tendency to frequently drive faster than is legal, suitable or instructed) or showing an inappropriate attitude towards me or other road users, will result in serious consideration given to curtailing a specific session or ceasing future sessions.
While I aim to avoid any physical contact during sessions, if I should need to take control of the steering wheel, gears or handbrake, this may result in inadvertent, brief physical contact with your hand or arm. If this happens, I will ask you to park up so that we are both able to apply hand sanitiser.
9. Trust & Confidentiality – As trust is an important aspect in any relationship, I am committed not to share details of your sessions with others and any personal information you choose to share with me during the course of your sessions will remain confidential.
While I may, on occasion, refer to a situation that another driver has encountered, this will be purely to illustrate a situation that you may face yourself (as part of your learning process) and will not involve divulging the name or identity of any other driver. If you personally know of anyone who has had (or is still having) driving lessons with me, I will not discuss their session with you (or discuss your session with them) or mention any situation that they have faced that might identify them.
11. Complaints – Nothing in these terms affects any statutory rights you may have as a consumer. In the event that you are unhappy with any aspect of your driving sessions with me, you should discuss the situation with me immediately in the first instance. In the unlikely event that any concerns raised with me are not resolved between us, you may wish to contact your local Trading Standards office or DVSA.
12. Law – These terms and conditions are governed by the laws of England and Wales and subject to the non-exclusive jurisdiction of the English Courts.
Version: Qualified Drivers – 21.1
Version Control Notes:-
- Version 20.1 (January 2020) – These terms were reviewed as part of an annual exercise. No changes were made.
- Version 20.2 – Terms were updated in June 2020 to reflect changes required following the coronavirus (Covid-19) pandemic (primarily new sections 4a and 4b, outlining mitigating actions to reduce the risk of spreading or catching the virus). These are effective from 4th July 2020.
- Version 21.0 – Annual Review. Main changes reflect changes to Section 4, regarding measures taken to minimise the risk of spreading the coronavirus that lead to the Covid-19 disease.
- Version 21.1 – Reference made in Section 4(a) to highlight that I have received both doses of a Covid vaccination and requirement added to Section 4(b) for you to perform a lateral flow test prior to any session.